A federal judge in Tennessee has ordered a delay in the release of Kilmar Abrego Garcia after his legal team expressed worries that the Salvadoran native could be deported immediately upon his release.
Abrego Garcia was mistakenly deported to El Salvador for three months under the Trump administration before being returned to the U.S., where he now faces federal human smuggling charges.
On Friday, Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, announced that the delay would remain in effect pending further court orders.
The request for the delay came from Abrego Garcia’s legal team, who cited conflicting statements from the federal government regarding his ability to remain in the U.S. while his criminal case progresses through the courts.
His attorneys noted the irony in this situation, emphasizing that this request underscores the inconsistent messaging from the government.
On Thursday, an emergency hearing in Maryland, where Abrego Garcia resides, revealed that the government was planning to deport him to a third country as soon as he was released from jail.
However, later that same day, a spokesperson from the Department of Justice clarified to the Associated Press that the government intended to bring him to trial first.
Due to these contradictory statements in the span of just a few hours, Abrego Garcia’s attorneys expressed their distrust of the government’s representations and requested a delay in the issuance of any release orders.
Abrego Garcia was ordered to be released on bail last Sunday by U.S. Magistrate Judge Barbara Holmes in Nashville, who determined that the government had not demonstrated that he was either a flight risk or a danger to the community.
In response, the federal government sought a stay of Holmes’ decision.
Days later, U.S. District Judge Waverly Crenshaw, who was appointed by President Barack Obama, also concluded that there was no justification for continuing to detain Abrego Garcia.
Despite these rulings, concerns remained that Abrego Garcia would immediately fall under the custody of Immigration and Customs Enforcement (ICE) upon his release.
ICE maintains that Abrego Garcia must be deported regardless of the outcome of his ongoing criminal trial.
In his ruling, Crenshaw recognized that the government retains control over Abrego Garcia’s place of residence while he awaits his trial.
Kilmar Abrego Garcia, age 29, was deported to El Salvador in March and held in a high-security prison, which has a history of human rights abuses, despite a previous court order prohibiting his removal due to fears of persecution.
Immigration officials accused him of having ties to the gang MS-13, allegations that his wife and attorneys have vehemently denied.
Federal authorities later conceded that Abrego Garcia’s deportation was a mistake resulting from an administrative error.
In June, after a protracted legal fight regarding his status, he was brought back to the U.S.
The Justice Department during President Donald Trump’s administration indicated that he was returned to the U.S. to face federal charges alleging he conspired to transport thousands of migrants without legal status from Texas to various locations across the United States between 2016 and 2025.
image source from：npr
